Legal Question in Family Law in California

Prenuptial Agreement for a Vietnamese Speaking only Person

My major concern is to making sure the prenuptial agreement will be a valid one, since Vietnamese speaking only spouse might contest in the future that she did not understand the contents of what she signed at the time the contract given to her.

Please help answer the following questions: (1) If the marriage ceremony is performed in Vietnam and the legal marriage dated in Vietnam, will the prenuptial agreement still valid in California? (2) Will my agreement can be drafted in English by a California lawyer and had a Vietnamese lawyer go over with her item by item, sign, and notarize her signature in Vietnam? OR (3) Will everything had to be translate to Vietnamese and she will sign a translated version? (4) What is the ''time frame'' that agreement need to be sign before the marriage date so that it is a legal binding contract in California if the marriage certificate is dated in Vietnam? (5) If there is anything else that I need to be aware of, please advise.

Thank you very much in advance of your assistance.

Best Regards,


Asked on 10/26/06, 11:31 am

1 Answer from Attorneys

Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Prenuptial Agreement for a Vietnamese Speaking only Person

In a general sense, the issue is not where the parties were married but where the divorce is filed. If you contemplate a California divorce, then you should have a pre nuptial agreement written by an experienced family law lawyer in California, no matter where you are married.

For a specific opinion regarding your individual circumstances, I suggest that you consult with an experienced family law lawyer. Experience is not expensive, it's priceless!

You will find some valuable information on various California family law issues by visiting my web site.

Good luck to you!

Brian Levy, Esq.

www.calattorney.com

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Answered on 10/26/06, 2:37 pm


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